IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Photographic 

Sciences 
Corporation 


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23  W^ST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notas  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographicalSy  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 
D 


D 


0 
D 
D 
D 
D 
D 


D 


D 


Coloured  covers/ 
Couverture  de  couleur 

Covers  damaged/ 
Couverture  endommagde 

Covers  restored  and/or  laminated/ 
Couverture  restaur^e  et/ou  pellicul^e 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  gdographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  'lutre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Relid  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serree  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intdrieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajoutdes 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  dtait  possible,  ces  pages?  n'ont 
pas  6X6  filmdes. 

Additional  comments:/ 
Commentaires  suppl6mentaires; 


L'Institut  a  microfilm*  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-Stre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  raproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mdthode  normale  de  filmage 
sont  indiquds  ci-dessous. 


I — I    Coloured  pages/ 


Pages  de  couleur 


fvl  ' 

y\\  Pages  endommag6es 

r~i '  - 

I I  Pages  restaurdes  et/ou  pelliculSes 


Pages  damaged/ 
Pages  endommag 

Pages  restored  and/or  laminated/ 
Pages  restaurdes  et/ou  pelliculSes 

a  Pages  discoloured,  stained  or  foxed/ 
Pages  d6color6es,  tachot6es  ou  piqu^es 

Pages  detached/ 
Pages  d6tach6es 


I      I    Showthrough/ 


Transparence 


□    Quality  of  print  varies/ 
Quality  indgale  de  {'impression 

□    Includes  supplementary  material/ 
Comprend  du  materiel  supplementaire 

□    Only  edition  available/ 
Seule  Edition  disponible 


D 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc..  ont  6t6  film6es  d  nouveau  de  fapon  d 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  rdduction  indiqu6  ci-dessous. 

10X  14X  18X  22X 


26X 


SOX 


L 


m 


12X 


16X 


20X 


24X 


28X 


32X 


ails 

du 

idifier 

une 

nage 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Library  of  Congress 
Photoduplication  Service 

The  images  appearing  here  are  the  best  quality 
possible  considering  the  condixion  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


L'exemplaire  film6  fut  reproduit  grdce  d  la 
gdndrositd  de: 

Library  of  Congress 
Photoduplication  Service 

Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
da  la  nettetd  de  l'exemplaire  filmd,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmaga. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  v«/ith  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — •►  (meaning  "COIM- 
TINUED"),  or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim6e  sont  film6s  en  commenqant 
par  le  premier  plat  et  en  tarminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  !a  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film^s  en  commenqant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  teiie 
empreinte. 

Un  des  symboles  suivants  apparaltra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ►signifie  "A  SUIVRE  ",  le 
symbole  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  gtre 
filmds  i  des  taux  de  reduction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clichd,  il  est  filmd  d  partir 
de  Tangle  supdrieur  gauche,  de  gauche  h  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


irrata 
to 


pelure, 
n  d 


n 

32X 


1 

2 

3 

1 

2 

3 

4 

5 

6 

i 


K 


THE 


^^         ■    ■ 

TREATY  OF  WASHINGTON. 


'X 


AN  EXAMINATION  OF  ITS  PROVISIONS, 


SHOWINa    THE     ADVAKTAGES     THEREBY    GAENED    TO 


ENGLAND    OVER   AMERICA. 


V 


a 


/ 


4" 

Letter  by  Benj.  R  Butler, 


TO 


HON.  A.  AMES,  U.  S.  SENATOR. 


LOWELL: 
KARDEN  fc  aOWRLh,  BOOK  AND  JOB  PBINTKRS,  HV8KUM  BUILDING. 

.        187L 


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Lowell,  May  17,  1871. 
General  A.  Ames,  U.  S.  Senate. 

My  Dkab  Sin: 

I  have  examined  with  Home  diligence,  and  with  an  earnest 
desire  to  find  reasons  for  assent  to  its  several  provisions,  the  treaty 
between  Great  Britain  and  the  United  St*tes  pending  for  ratification 
by  the  Senate,  and  will,  with  your  leave,  give  such  suggestions  as 
have  occuiTcd  to  me  as  to  its  operation  and  the  equities  of  tlie  con- 
cessions and  reparations  therein  each,  to  the  other  of  the  two  gov- 
ernments. 

You  will  pardon  me  for  considering  first  that  which  is  of  local 
and  special  interest  to  my  state  and  constitueiits,  as  it  appears  by 
the  protocol  to  have  been  considered  as  a  wholly  distinct  and  inde- 
pendent subject  of  negotiation— 

THE     FISHERIES. 

The  shores  and  bays  now  claimed  by  Great  Britain  were  taken 
by  the  colonies  of  New  England  from  France  by  the  capture  of 
Louisburg,  a  fortress  raised  at  very  great  cost  by  the  French  king 
to  protect  what  was  deemed  by  him  most  valuable  possessions. 
And  if  any  right  can  be  acquired  by  conquest,  tho  fisheries  were 
the  exclusive  property  of  the  Massaclnisetts  Bay  colonies— the  only 
purely  English  settlement— Great  Britain  now  cluiming  on  tbe 
Eastern  coast  wliat  were  then  French  colonies. 

In  the  formation  of  the  treaty  of  peace  in  1783,  these  fisheries 
were  the  subject  of  spirited  and ,  protracted  negotiation ;  and  the 
Elder  Adams  held  the  colonial  rights  in  them  of  such  moment  that 
he  declared  that  he  would  "  rather  continue  the  war  of  the  Revolu- 
tion than  yield  of  them  one  iota."  These  rights  were  held  not  to 
be  affected  by  the  war  of  1812,  as  they  were  not  mentioned  in  the 
treaty,  but  remained  in  statu  quo  ante  bellum,  and  were  enjoyed  by 
us  uiitil  1818,  when  by  tha  treaty  of  the  20lh  of  October,  it  was 


"^•Wls. "  "*i!?^' 


agreed  that  the  Americans  should  rcliiuiuish  their  rights  of  flshorv 
within  tlie  tiiri'P-inilo  line  or  the  marine  league  of  intcrnsitional  law 
on  tlie  shores  of  the  Provinces,  in  consideration  of  the  right  to  fish 
on  the  sliores  of  Newfoundland,  tlie  Magdalen  Islands  and  Labrador, 
and  to  land  thereon  to  cure  fisli.  To  this  privilege  tlie  Tnited  States 
iiad  no  prior  claim ;  and  as  at  that  time  the  only  fisiieries  which 
were  affected  by  the  treaty  were  substantially  tlie  codfish,  the  con- 
tracting parties  had  in,  mind  and  negotiated  about  no  other.  Tiio 
codfish  were  not  taken  to  any  extent witiiin  the  tliree-mile  line,  and 
the  capture  of  tliat  lisii  l)eing  largely  upon  tlie  banks  of  Newfound- 
land and  the  coast  of  Labyulor,  tlie  right  to  land  and  cure  tlie  lish 
there  was  deemed  of  sufficient  value  to  adjust  the  conflict  of  rights 
of  fishery  and  jurisdiction  of  Great  Britain  and  l»cr  former  colonies 
within  the  tliree-mile  line.  Tlius  it  will  be  seen  tliat  by  the  treaty 
of  1818  we  ceded  to  Eiighind  all  tiiat  she  now  gives  to  us  of  tiie 
right  to  fish  within  the  three  mile  line,  in  exchange  for  tlie  simple 
privilege  of  landing  and  curing  our  codfish  on  the  shores  of  New- 
foundland, tlie  Magdalen  Islands  and  Labrador. 

The  mackerel  had  not  then  been  taken  for  commercial  purposes 
on  the  British  shores,  nor  were  tliey  until  1825,  nor  to  any  extent 
till  1827,  some  nine  years  afterwards. 

I  have  grouped  together  these  facts,  which  Indeed  are  very 
familiar  to  you,  in  f>rder  that  the  exact  extent  of  the  subject  on 
which  the  two  countries  are  now  treating  may  be  kept  in  mind.  We 
have  never  claimed  'iny  right  to  take  fish  in  the  rivers,  as  the  sal- 
mon, shad  and  herring,  or  shell-fish  upon  the  shores  of  the  Provin- 
ces, so  that  the  only  subject  whicli  is  touched  by  the  provisions  of 
the  treaty,  or  whicii  is  ceded  by  Great  Britain,  is  the  right  to  take 
mackerel  within  tlie  three-mile  line  of  the  Provinces.  Or,  in  other 
words,  all  that  Great  Britain  yields  lo  us  is  her  right  to  the  mackerel 
swimming  in  the  sea  within  three  miles  of  her  shore — a  matter 
which  has  accrued  to  her  in  fact  %ince  the  ratification  of  any  treaty 
save  the  reciprocity  treaty  of  1854,  which  has  been  abrogated. 
Therefore  as  the  subject  in  dispute  was  not  considered  when  the 
treaty  of  1818  was  made,  if  now  Great  Britain  claims  that  it  is 
affected  by  that  treaty  it  would  seem  to  be  our  right  to  declare  tliat 
treaty  abrogated  so  far  at  least  as  this  unconsidered  matter  goes-^ 


1 


of  fishprv 
tonal  law 
a;ht  to  fish 
Labrador, 
Uh]  States 
ies  wliicli 
, the  con- 
her.  The 
'  line,  and 
'^owfound- 
ro  the  lish 
:.  of  rights 
r  colonies 
the  treaty 
us  of  the 
the  simple 
8  of  Ncw- 

1  purposes 
my  extent 

are  very 
aibject  on 
ivind.  We 
lis  the  sal- 
he  Provin- 
jvisions  of 
;lit  to  take 
r,  in  other 
3  mackerel 
-a  matter 
any  treaty 
abrogated. 

when  the 
that  it  is 
eclare  that 
ter  goes — 


< 


as  not  within  its  provisions.  In  so  doing  we  should  follow  but  well 
known  diplonnitic  precedents,  and  specially  the  example  of  Russia, 
which  has  within  a  year  declared  she  would  not  be  bound  by  tb.e 
treaty  of  IH'iO  in  regard  to  her  use  of  the  Hlack  Sea,  l)ecause  the 
circumstances  atfecting  it  had  changed  since  the  treaty,  and  England 
has  acquiesced  in  that  abrogation  by  Russia. 

Great  Britain  now  proposes  to  concede  to  us  the  right  to  fish 
within  the  three  mile  line,  with  further  permission  to  land  u[)ou  tlie 
shore  for  the  purpose  of  drying  nets  and  curing  (ish,  provided,  that 
in  so  doing  we  do  not  interfere  with  tiic  rights  of  private  property. 

Tins  privilege  of  using  the  sliore  is  ^one  of  certainly  not  very 
considerable  value,  if  for  no  other  reason,  because  it  would  bo 
difficult  to  fuid  many  portions  of  those  shores  whicli  are  not  private 
property,  and  where  exercisiiig  tiie  privilege  of  liauliug  tiio  seine  or 
landing  it  and  drying  it,  would  not  be  an  interference  with  the 
proprietary  rights. 

Now  out  of  the  four  hundred  thousand  barrels  of  mackerel 
caught  between  Cape  May,  or  the  39th  parallel,  and  the  Northern 
extent  of  their  limit  by  our  flsiiennen,  only  some  thirty  thousand 
barrels  were  last  year  taken  east  of  the  State  of  Maine,  in  all 
waters  Britisli  or  other.  In  frankness  it  should  be  stated  that, 
owing  to  the  annoyances  which  our  fisiiermen  suffered,  and  from 
other  special  causes,  that  catch  was  smaller  than  usual.  But  it  maj' 
be  safely  put  at  an  average  not  much  exceeding  thirty  thousand 
barrels.  During  the  reciprocity  treaty  and  since  its  abrogation, 
when  fishing  under  full  British  license,  our  fishermen  took  sometiiing 
less  than  one-fifth  of  their  catch  within  the  three  mile  line.  So  that 
the  amount  of  concession  by  the  present  treaty  to  us  is  the  rigiit  of 
Great  Britain  in  five  thousand  barrels  of  mackerel  when  swimming 
in  the  sea  within  three  miles  of  her  shores. 

Now,  as  fishing  is  only  about  a  fifteen  per  cent,  business,  or,  in 
other  words,  as  eighty-five  per  cent,  of  the  value  of  the  fish  taken  con- 
sists in  the  use  of  capital  employed,  labor  expended  in  taking,  curing, 
packing  and  preparing  for  market,  it  will  be  seen  how  inconsider- 
able is  the  right  actually  attempted  to  be  ceded  to  us  by  the  present 
treaty.  Its  extent  is,  in  fact,  when  reduced  to  a  money  value,  from 
five  thousand  to  seven  thousand  dollars  annually  only. 


^ 


"wiPimif 


1 


6 


Its  money  value,  even  in  the  Jiulgincnt  of  tlio  Novii  Sootiani 
themselves,  mny  be  roiiehed  in  another  form.  After  tlie  termination 
of  the  reeiprocity  treaty,  the  province  of  Nova  Scotia  granted  full 
lieenHe  to  our  flshermen  to  IIhU  within  the  tlnec  mile  line  at  the 
rate  of  iilly  cents  per  ton.  Tliese  licenses  gave  them  in 
addition— wliat  tlie  present  treaty  omits  to  provide  for— 
full  riglits  of  sheller,  lau'uiiate  of  ''-it  and  provisions,  in  the 
bays  and  harbors  of  the  Provinces.  As  there  was  about 
fourteen  tlionsand  tons  employed  in  those  fislieries,  it  will  be  seen 
that  the  money  value  set  by  the  Provinces  upon  this  riglit  came  to 
seven  thousand  dollars  oiily.  Subse(iuently,  however,  the  Provinces 
determined  to  force  areciproci'y  treaty  upon  the  United  States,  raised 
their  licenses  first  to  one  dollar,  then  to  two  and  a  half,  and  su))sc- 
que.itly  to  live  dollars  per  ton  ;  tiiese  latter  sums  being  so  high  as 
to  bo  prohibitory,  our  fisliermen  have  ilecliued  to  pay. 

Ueckoning,  therefore,  tlie  money-value  in  botli  forms,  it  may 
safely  be  stated  to  be  in  the  close  vicinity  of  seven  thousand  dollars 
per  year.  I  see  it  stated  in  what  purport*  to  be  a  protocol  to  the 
treaty,  that  the  American  Commissioners  opened  the  negotiations 
witli  an  offer  to  pay  a  million  dollars  in  gold  for  this  right,  or  sixty 
thousantl  dollars  annually  for  all  time  for  a  right  which  Nova  Scotia 
ottered  to  sell  and  did  sell  for  seven  thousand  dollars  a  year.  Where 
our  Commissioners  got  their  extraordinary  valuation  it  is  ditllcult  to' 
conjecture.  It  is  not  wonderful  that  the  Knglish  Commissioners 
thought  they  had  sometiiing  too  valuable  to  dispose  of  when  Yan- 
kees would  offer  a  million  dollars  for  the  right  to  begin  with.  As 
the  Englishmen  ha'd  ulterior  objects  to  be  gained,  they  would  puf 
no  money-value  upon  the  fisheries,  as  they  intended  to  force  open 
our  ports  by  their  means. 

In  order  to  judge  clearly  of  the  pecuniary  value  in  fact  of  the 
right  thus  claimed  by  Great  Britain  to  herself  and  colonies,  observe 
what  it  has  cost  her  and  the  Dominion  of  Canada  to  guard  the  three 
mile  line  during  the  past  year.  By  the  reports  made  to  the  Cana- 
dian parliament,  it  would  appear  that  it  cost  something  over  four 
hundred  thousand  dollars  for  the  expenses  of  the  revenue  vessels 
employed  in  the  guarding  of  this  line  and  seizing  our  vessels. 

The  British  government  had  an  equal  number  of  guns  and  men 
employed  in  the  same  service,  it  is  fair  to  presume  at  about  the  same 


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PHHP* 


■^WKmam 


II  Sootians 
LTinination 
ranted  full 
line  .it  the 
ihoiii  in 
idc  for — 
iH,  in  the 
vas  ubout 
■ill  be  seen 
flit  catne  to 
i  Pr  :vinec8 
;atca,  raised 
and  siil)se- 
;  HO  higli  as 

ms,  it  may 
and  dollars 
;oeol  to  the 
lej^otiations 
;ht,  or  sixty 
Vova  Scotia 
ar.  Where 
i  (Umeult  to* 
nniissiouera 
when  Yiin- 
1  with.  As 
y  would  pu£ 
0  force  open 

fact  of  the  . 
lies,  observe 
ird  the  three 
;o  the  Caua- 
ig  over  four 
enue  vessels 
jssels. 

ims  and  men 
out  the  same 


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ri 


f.S^ 


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cost ;  so  that  it  cost  eight  hundred  thousand  dollars  to  j^nard  the 
right  of  the  value  of  seven  thousand  per  annum,  which  amount 
will  be  8'4ved  by  thr\  ratification  of  the  treaty  to  the  imperial  gov- 
ernment and  its  adjunct. 

We  are,  first,  by  the  provisions  of  tlie  treaty  in  cxrhangP  to 
permit,  for  this  seven  thousand  dollars,  all  British  fishermen  to 
fish  in  all  our  waters,  for  all  kinds  of  fish  (except  shell-fish  and  river 
fish)  and  to  land  on  our  siiorns  to  cure  their  fish  and  dry  their  nets, 
from  the  4r»th  to  the  39th  parallel,  or  from  Eastport  to  Delaware 
Bay.  Now,  mackerel  first  appear  about  Cape  May  in  the  spring. 
A  thriving  trade  is  done  in  catching  them  for  the  New  York  market, 
and  other  markets  which  we  are  to  sliare  with  the  British.  The 
fish  then  follow  up  the  coast  during  the  summer  to  latitude  about 
60  in  the  British  possessions  ;  then  returning,  the  fishing  season  ends 
some  time  in  November,  substantially  in  Massachusetts  Bay.  Brit- 
ish fishermen  are  therefore  to  follow  the  fish,  going  and  returning. 

In  the  waters  of  the  British  provinces  there  are  no  menhaden, 
which  are  the  best  fish  for  mackerel  bait.  It  takes  about  one  barrel 
of  bait  for  every  eight  barrels  of  mackerel  caught,  and  menhaden 
furnishes  the  best  bait.  This  the  British  fishermen  have  always  had 
to  purchase  of  the'  United  States.  Menhaden  catching  form"',  a 
valuable  branch  of  our  fishing  as  well  for  the  oil  as  the  bait.  All 
this  the  English  now  buy  of  us  —  as  they  can  get  it  no  where  else. 
Under  the  treaty,  they  can  catch  their  bait  on  our  shores  for  them- 
selves. The  privilege  granted  them  of  fishing  in  our  waters  is  of 
itself  alone  worth  more  than  all  they  concede  to  us. 

Second  ia  addition,  the  treaty  opens  our  ports  to  British  fish  free 
of  duty.  Therefore  the  British  fishermen  may  contend  with  ours 
by  right  in  supplying  our  seaport  cities  with  fresh  fish.  They  may 
take  the  halibut  in  our  waters,  which  is  now  a  very  .  large  arti- 
cle of  consumption,  and  bring  it  into  our  ports  free  of  duty  in  com- 
petition with  our  fishermen.  Indeed,  the  halibut  fishery  has  become 
so  important  that  vessels  are  now  being  fitted  out  in  Massachusetts 
to  pursue  that  fish  on  the  coast  of  Greenland. 

As  the  British  give  a  bounty  equal  in  its  operation  to  one  dollar 
a  quintal  and  the  French  ten  francs  a  quintal  on  codfish,  and  as  all 
French  fish  will  be  at  once  brought  into  our  ports  in  Can&dian  bot- 


■^-^'iMiaiiS... 


•  • 


8 


toiuH,  our  cod  llslu'iiiuMi,  who  jict  no  (■(luivalont  -.vhiitcvcr  by  tlu"  Ironty, 
iiro  to  Mtiungli'iijiiiiiist  tliis  l)oiiiity-lV(l  coiniK'titioii.  Not  only  tlnit, 
but  our  wIniU'  flslH'rini-n  ami  Hoal-oll  llHlierniiin  ai'ft  to  have  BritiHli  com- 
lu'tilion  all  over  tlio  world  by  tlu-  opt-ninjf  of  our  ports  IVw  to  tlu-ni. 

It  has  lu'cn  doi'larod  by  sonic  tliat  this  (int'sti(ni  of  frt-c  importa- 
tion of  llsii  is  a  Miatter  of  small  consfiiucncc.  Tho  amount  yearly 
is  mucu  greater  than  any  supposed  money  valiu?  iu  the  Alabama 
claim,  the  hi<,diest  estimate  of  loss  from  which  has  been  set  at  four- 
teen millions,  while  the  value  of  our  (Isheries  is  over  seventeen 
millions  animally.     Ciin  a  more  iiieipiitable  barjiain  be  stated  ? 

Hut  it  is  said  that  this  treaty  leaves  our  tlshermen  in  the  same 
condition  that  they  were  under  the  reciprocity  treaty,  the  provisions 
of  which,  by  the  by,  were  so  onermis  npou  our  people  that  we  abro- 
gated it.  Not  ((uitc,  Because  our  reciprocity  treaty  rejjardid 
Canada  and  Canadian  lishermen  alone.  This  treaty  •)pens  our 
tlsherics  to  all  British  lishermen,  ihe  phrase  being  '•  and  the  fisher- 
ies shall  be  in  common  with  the  subjects  of  her  Britannic-  Majesty." 

lint  that  is  not  all.  By  the  22d  article  of  the  treaty,  we  are 
to  pay  to  (Jreat  Britai.i  in  adilition  such  sum  of  money  as  three 
arbitrators  shall  find  that  the  value  of  the  Britisli  fishing  right  is 
greater  than  the  value  of  ours  conceded  to  them.  But  there  is  no 
provision  that,  if  the  value  of  what  we  cede  to  Great  Britain 
is  greater  than  the  value  she  cedes  to  us,  thcj  United  States  shall  be 
paid  for  it.  Why  not  make  the  questions  of  paying  the  excess  in  the 
value  of  the  rights  ceded  by  each  nation  reciprocal  ?  Certainly,  in 
view  of  the  statement  I  have  made  above,  taken  with  accuracy 
from  statistics,  such  a  right  to  have  the  British  pay  what  our  con- 
cession exceeds  theirs  in  amount  would  be  a  very  valuable  one. 

But  the  Commissioners  to  which  this  is  to  be  referred  are  to  be 
one  named  by  the  Tresident,  one  by  the  Queen,  and  the  other,  in 
case  the  President  and  the  Queen  cannot  agree  upon  the  umpire,  by 
the  Austrian  Minister  near  the  Court  of  London,  who  will  certainly 
not  be  exposed  to  too  much  American  influence  in  that  selection. 

In  my  judgment,  reinforced  by  the  opinions  of  the  most  judi- 
cious and  prudent  meti  engaged  in  the  fisheries  with  whom  I  have 
conferred,  the  provisions  of  this  treaty  will  be  substantially  ruinous 
to  our  fishing  interests.    But  two  answers,  however,  are  made  to 


^ 


^^""^""mm 


\ 


\ 

I 


9 


tliiH  stiitciiieut  wliicli  (loHurve  coiisuloratioii :  KirMt,  that  tlUH  is  ivot 
u  gri'iit,  luattiT  bcc'iiUHi!,  If  i*  is  fouiul  injurious,   tiio  treaty  may  i)C 

tcrmiiiatcil  at  tlio  oiid  ol"  tisii  yi'ais,  alli-r  twoyoars'  notioo. 

lliit  if  it  R  foiiiiil,  as  I  lu'lievi'  it  will  Ik',  lU-triiiU'iital  to  our 
llHluTii'H,  twelvo  yt-aiH  will  oiUiri'ly  cU'stroy  that  buHiui-Ms.  In  that 
tiuio  the  lacn  eiigajtcd  in  it  \.ill  havi'  turiUHl  tlu-lr  uttoution  to  other 
pursuits,  arul  the  school  iu  which  hardy  scaiiu'ii  are  trained  up  for 
the  United  States  Navy,  and  whicli  has  had  the  fosleriuK  eare  of 
our  ffovcruuuMit  from  the  Revolution  until  now,  willhave  heen  hro- 
ken  up.  Heeauseof  the  nuages  of  the  Ahihaniaandher  kindred  ves- 
soIh,  we  have  almost  no  connnerce  in  which  to  train  such  seamen.  All 
tlie  mischief  will  have  boon  done  ;  anil  it  will  bo  substantially  use- 
lesH  then  to  attemi)t,  alter  the  la[)se  of  twelve  years,  to  renew  a 
business  out  of  which,  by  the  provisions  of  this  treaty,  enterprise 
and  capital  have  been  forted  for  that  time. 

.  The  second  answer  is,  thi«t  the  treaty  puts  oin-  llshermeu  sub- 

stantially in  no  worse  position  than  they  oft^upied  durin<?  tl'e  recip- 
rocity treaty  froiu  iMril  to  I HC.')— eleven  years— and  that  our  llshing 
interest  maintained  itself  duriny  that  i)eriod.  That  is,  to  a  certain 
extent,  true.  Ihit  ho  i;"  a  supcrllcial  observer  who  does  not  mark  the 
ditfercnce  in  the  two  c  i  .js. 

Under  the  recii)roeity  treaty  our  (Isherics  were  injured,  it  Is 
true,  but  we  supposed  that  our  manufactures  exported  into  Canada 
free  of  duty  anil  other  advantages,  obtained  through  that  treaty 
to  the  Inmljering  and  other  interests  which  were  pursued  in  the 
forests  of  Canaila,  were  an  f^lfsct  to  compensate  that  loss. 

Now  all  is  changed.  Ther.7  are  no  other  matters  of  reciprocity 
to  meet  the  wrong  and  loss  done  to  the  lishing  interest.  Jiesides, 
our  tarilf  of  duties  during  the  i)endcncy  of  the  reciprocity  treaty 
averaged  twelve  or  fourteen  per  cent.  oidy.  Now  the  duties  which 
the  American  tishermen  ha\'c  to  pay  vipou  every  article,  from  the 
fish-hook  to  the  anchor  inclusive,  arc  from  thirty  to  forty  per  cent. 
When  Canadian  lumber  came  in  free  we  could  build  our  ships  for 
about  iifty-livc  to  sixty  dollars  a  ton,  against  forty  to  fifty  dollars  a 
ton,  the  cost  of  the  Canadian  vessel.  Now  our  fishing  vessels 
cost  eighty  dollars  a  ton  against  forty-five  iu  Cana<la. 


J 

'i 


»  ^ 


••HMMMMMIR,— 


10 


Again,  the  wage  of  tlie  fishermen  in  Canada  is  thirty-three  per 
cent,  less  than  ours  ;  so  that  the  inovitahlo  tendency  will  be  to  d'ivc 
all  American  lishing  vessels,  to  be  manned  by  Canadian .  crews,  so 
that  we  shall  be  training  up  sailors  for  the  British  navy  to  be  taken 
out  of  our  vessels  in  tlie  event  of  war  eitlier  between  us  or  a  neutral 
power,  under  the  British  right  of  search  which  they  hae  never 
abandoned,  an<l  about  which  we  went  to  war  in  1H12. 

Tlie  aninuis  of  the  British  Commissioners  is  easily  seen  from 
their  proposition  ''  that  the  most  satisfactory  arrangement  for  the 
use  of  the  fisheries  would  be  a  reciprocal  tariff  arrangement  and 
reciprocity  in  the  coasting  trade."  To  tiiis  the  American  Commis- 
sioners would  not  assent,  but  the^'  said  that  inasnnich  as  one  l)ranch 
of  Congress  had  expressed  itself  in  favor  of  the  abolition  of  duties 
on  C(}al  and  salt,  they  would  propose  that  coal,  salt  and  fish  be  recip- 
rocally admitted  free,  together  with  lumber,  after  187-t.  But  even 
this  concession  the  Britijsli  Com-  sioners  said  was  not  within  their 
power,  although  the  letter  of  i\\  .ntment,  containing  their  powers 
as  interchiinged,  seemed  to  give  the  most  ample  and  abundant.  But 
after  consulting  with  the  Britisl:  government,  the  proposition  was 
made  that  free  trade  in  fish  should  be  established,  a  business  which 
every  commercial  country  has  always  protected  by  bounties  and 
stinmlated  by  special  privileg'  s,  and  no  country  more  than  this 
because  of  its  extra  hazardous  character  and  its  national  importance 
as  a  school  for  sea'^ien.  But  our  Conunissioners,  if  their  work  is 
ratilied  by" the  Senate,  are,  at  the  instigation  of  Great  Britain,  to 
inaugurate  a  free  trade  policy  for  this  country,  beginning  it  by  the 
destruction  of  our  fishing  fleet,  the  source  from  which  we  drew  the 
brave  tars  who  whipped  the  British  navy  in  every  equal  naval  con- 
test in  the  war  of  1812.  The  town  of  Gloucester  in  the  last  year 
lost  in  the  fishing  business,  by  the  periis  of  the  sea,  twenty  vessels 
and  sixty-four  men,  so  hazardous  is  the  business  and  such  bravery 
and  such  risks  do  the  fishermen  show  and  endure.  And  this  interest 
is  to  be  the  subject  of  the  first  ex[)eriment  of  free  trade.  1  may 
say,  I  trust,  without  offence,  that  this  treatment  will  not  tend  to 
make  the  fisheruien  very  ardent  tariff  men  or  protectionists.  They 
will  be  unable  to  see  why  their  business,  which  comes  directly  in 
competition  with  the  bounty-fed  fisheries  of  England  and  France, 


^ 


^*^l^ 


i»r<MViii 


Wi-i'MiiiWii^  ■ 


ty-three  per 
be  to  d'ivc 
II .  crews,  so 
»o  be  iiikeu 
jr  a  neutral 
ha.e  never 

'  seen  from 

lent  for  tlie 

;ement  and 

an  Commis- 

one  brunch 

n  of  duties 

sh  be  recip- 

But  even 
< 
vitliin  tlu'ir 

u'ir  powers 

iidaut.    But 

osition  was 

iness  which 

ounties  and 

i  tlian  this 

importance 

leir  work  is 

Britain,  to 

ig  it  I) J'  the 

'C  drew  the 

I  naval  con- 

e  last  year 

>nty  vessels 

iich  bravery 

his  interest 

[le.     1  may 

lot  tend  to 

ists.     They 

I  directly  in 

md  France, 


^ 


[ 


11 


should  be  the  one  selected  for  the  free  trade  experiment,  and,  too, 
the  one  lirst  to  be  yielded  up  to  English  greed. 

The  treaty  is  as  remarkable  for  what  it  leaves  unsaid  as  we 
have  found  it  to  be  in  what  it  includes.  In  the  face  of  the  fact  that 
half  a  dozen  of  our  vessels  iiave  been  seized  and  brought  before  the 
Canadian  courts  for  conliscation  during  the  past  year,  for  making 
harbor  aud  shelter,  and  buying  bait  and  provisions  in  the  bays  and 
ports  of  the  Provinces,  tliere  is  no  provision  in  the  treaty  assuring 
us  immunity  from  such  seizures  hcrealter,  or  making  any  provision 
for  reparation  for  injuries  inflicted  in  tiie  past.  Upon  this  point  tlie 
treaty  is  absolutely  silent.  True  it  is  that  under  the  law  of  nations, 
as  a  part  of  the  commercial  nmrine  of  a  friendly  power,  our  fishing 
vessels  ought  not  to  be  seized,  although  they  may  remain  more  than 
twenty-four  hours  in  port,  although  they  may  purchase  bait  and 
provisions  on  shore.  But  we  kuoAV  they  have  been  seized,  we 
know  that  they  have  been  tried,  and  in  one  or  more  cases  condemn- 
ed, from  the  unfriendly  spirit  which  animates  the  Provinces ;  and 
yet  neitlior  indemnity  for  the  past,  nor  securitj'^  for  the  future  is 
acquired  for  them  by  the  treaty,  against  these  wrongs. 

Again,  the  question  oT  the  "  rights  which  belong  to  the  citizens 
of  the  United  States  and  her  Majesty's  subjects  respectively  in 
reference  to  the  fisheries  on  the  coast  of  her  Majesty's  possessions, 
near  Nortii  America,"  being  especially  submitted  to  tlie  Joint  High 
Commission  by  botli  governments,  is  it  not  remarkable,  that  the  pro- 
tocol shows  and  tlie  treaty  finds  that  no  thought  has  been  taken  of 
the  fisheries  upon  our  Nortliwest  coast  ?  The}'  now  are  becoming 
exceedingly  vahiable ;  and  while  the  Commissioners  seem  to  have 
spent  days,  if  not  weeks,  over  the  possession  of  a  comparatively 
insignificant  island  there,  yet  they  Iiave  bestowed  not  an  hour's  con- 
sideration upon  the  great  queition  of  our  rights  as  to  tlie  fisheries  near 
the  British  possessions  on  the  Northwest  coast.  Oregon  is  rapidly 
filling  up ;  California  is  fitting  out  vessels  for  the  seal  and  other 
fislieries  in  the  Northern  waters,  and  in  a  very  few  years,  if  her 
Majesty  maintains  her  possessions  upon  this  Continent,  questions  of 
far  more  magnitude,  far  more  irritating,  and  of  more  tendency  to 
provoke  collision,  will  arise  as  to  the  Northwest  fisheries,  about 
which  tliere  have  been  no  negotiations  whiitever,  than  have  arisen 
in  regard  to  the  fisheries  ou  the  Eastern  coast. 


.^1 


;;;.'.,-y-.,..%^ii,*ii;rtiiiiiiirii'fW'Wi°^'''i'^W^^  ■i'''«'^^"'' •■•■^■t^--'''^' ■''^■■•i ^r^'-^^i-"i\rfi-'*''^''" •■■^■■*^'''''^'^  -, tj-r"-^' •'■'^■■^i 


^„.^^sf 


f 


m 


1  grieve,  therefore,  that  so  complete  an  abandonment  of  Ameri- 
can fishing  interests  shonld  have  been  made  by  our  Commissioners, 
and  I  trust  the  Senate  will  not  ratify  this  portion  of  the-  treaty, 
unless  there  shall  be  found  in  other  portions  sufficient  countervailing 
advantages,  so  that  we  can  afford  this  great  loss.  It  is  expressly 
stated  in  the  protocol  however,  that  the  fisliery  questions  were  con- 
sidered by  tliemselvcs. 

Tins  forces  me  to  consider — what  I  had  much  rather  not  do — 
the  claimed  advantages  accruing  to  the  United  States  from  the  otlier 
portions  of  the  treaty.  I  say  that  I  should  prefer  not  to  examine 
these  other  matters,  l)ecause  I  have  been  accused  of  desiring  war 
bet',veen  Great  Britain  and  the  United  States,  and  it  may  be  inferred 
that  my  views  of  the  advantages  of  the  treaty  are  tinged  with  that 
desire.  No  true  patriot  can  ever  desire  war  for  his  country  ;  and  I 
am  certain  that,  witli  a  knowledge  of  its  expenses  and  horrors,  noth- 
ing has  ever  been  farther  from  my  thought  tlian  a  wish  for  a  conflict 
of  arms.  I  have  never  dreamed  tliat  war  between  this  country  and 
England  is  now  possible  while  we  are  demanding  only  wlfat  is  right 
with  a  determination  to  submit  to  nothing^  that  is  wrong. 

When  I  had  occasion  to  address  the  country  upon  the  subject  of  the 
differences  between  this  country  and  England  at  Music  Hall,  in  the 
Autumn,  so  far  from  speulving  in  the  interest  of  a  war  I  endeavored 
to  show  its  impossibility  by  showing  how  disastrous  it  must  be  to 
Great  Britain.  I  never  luive  had  fears  of  such  a  war.  A  govern- 
ment which  has  demonstrated  itself  powerless  to  lay  a  tax  of  half  a 
million  dollars  upon  friction  matches  without  raising  such  emeute 
among  its  people  as  to  cause  the  proposition  to  be  abandoned,  is 
not  one  likely  to  go  to  war  in  which  thousands  of  millions  will  be 
expended.  A  government  whicli  has  reduced  its  laboring  population, 
from  which  the  material  to  sustain  a  war  must  be  drawn,  so  that 
every  twelfth  man  is  either  in  a  jail,  almshouse  or  insane  hospital, 
will  not  be  easily  drawn  into  a  contest  of  arras  with  a  powerful 
nation  which  has  and  can  put  millions  of  men  into  the  field  when 
nothing  but  right  and  justice  are  demanded  by  the  latter  power- 
Until  England  can  afford  more  than  two  ounces  of  meat  a  day  each 
to  hei"  people  as  now,  and  her  other  food  largely  drawn  from  this 
ountry  besides,  war  witli  her  is  only  imminent  to  the  fears  of  the  timid- 


'¥. 


1^' 


\f^^ 


.^  V>!fci.>^i*uj'iijaiirffiii)iiiiiiiajitf<iBiig>f^i»iMrii^t|^ 


13 


-r       r 


/  \ 


If  England  would  not  interpose  to  save  her  ally  and  only  protection 
on  the  continent  of  Europe  from  being  dismembered  and  crushed 
out  by  Prussia,  she  is  not  likely  to  go  to  war  with  America,  the  first 
six  months  of  which  would  overturn  her  government. 

Therefore  you  see  that  I  lay  aside  all  ideas  of  supposed  advan- 
tages gained  in  the  interest  of  peace  between  the  two  nations, 
believing  a  war  between  England  and  America  a  moral -and  physi- 
cal impossibilitj'. 

Putting  away  our  fears,  what,  then,  do  we  get  from  this  treaty? 
First,  "  An  expression  of  regret,  in  a  friendly  spirit,  for  the  escape 
of  the  Alabama  and  other  vessels  from  British  ports,  under  what- 
ever circumstancns,  and  the  depredations  committed  by  those  ves- 
sels." This  apology,  then,  is  to  be  the  salve  for  the  wounds  of  our 
national  honor,  and  full  reparation  for  the  just  indignation  of  our 
people  for  all  the  unfriendliness  done  to  us  by  Englr.nd  during  the 
war  of  the  rebellion,  whose  support  of  the  confederacj'  cost  us  mil- 
lions of  treasure  and  thousands  of  lives.  "  Escape  "  is  a  word  of 
limited  signification.  It  means  evasion  from  pursuit,  leaving  under 
difficulties,  or  impediments,  and  the  "  escape  and  depredations  "  are 
all  that  England  regrets.  Regret  in  a  friendly  spirit  now,  acts  in  a 
hostile  spirit  then.  I  find  no  regret  expressed  for  the  reception  of 
the  Alabama  in  a  British  port,  her  being  supplied  with  coal  and  pro- 
visions there,  her  oflJcers  toasted  and  feasted,  and  a  British  governor 
appointed  under  the  crown,  accompanying  her  out  of  the  harbor 
when  she  removed  on  her  piratical  expedition ;  nor  the  like  recep- 
tion of  other  vessels.  I  fintl  no  word  in  protocol  or  treaty  of  cen- 
sure of  British  officials  for  such  acts  of  assistance,  aid  and  comfort 
to  a  piratical  enemy  of  the  United  States.  Not  a  word  of  apologj'^ 
for  the  delay  of  the  law  officers  of  the  crown.  Not  a  word  of  apol- 
ogy for  the  misconstruction  of  evidence  by  her  law  officers,  which 
aided  that  "  escape."  Leaving  a  British  port  under  these  circum- 
stances seems  to  me  not  well  defined  and  atoned  for  by  the  word 
"escape."  But  then  I  am  not  versed  in  diplomatic  language,  and  may 
mistake  what  is  due  to  my  country  for  hostile  acts.  I  find  in  neither 
protocol  nor  treaty  any  explanation  or  apology  even  asked  by  our 
Commissioners  of  England  for  her  demand  of  Mason  and  Slidell, 
the  rebel  emissaries,  on  a  technical  point  of  International  Law,  that 


-U' 


.Mt^tj.;^>|h.j^^.^jiytia».|jj^^ 


n 


the  bravo  Wilkos  il'ul  not  l>rin<!;  in  tho  Kn^lisli  vessel  as  well  as  the 
rebel  anibussatlors,  aceoniitaiiied  with  a  threat  of  war  if  the  men 
were  not  delivereil  cip  and  an  •'  ajjology  "  maile.  We  get  neither 
apology  nor  restitntion,  only  regrets.  But,  as  a  plain,  lonnnon-s'nise 
man,  I  think  the  eyes  of  the  people  of  this  country  will  h:'r(Uy  l)e 
blinded  by  llie  dust  of  the  word  "eseape." 

We  find  in  the  treaty  no  admission  on  llie  part  of  Great  Britain 
that  this  or  any  other  eonduet  of  her's  in  regard  to  the  Alabama 
was  wrong,  or  that  she  is  lialdefor  what  she  has  done  ;  but  that  that 
(jnestion  is  to  Ik-  determined,  not  where  the  present  Joint  High 
Connnission  sits — in  Ameriea — but  in  (ieneva  in  .Switzerland,  by  a 
"  tribunal  of  arbitration  '"  composed  of  five  arbitrators,  one  to  be 
named  by  the  IVesident,  one  by  the  (iucen,  one  by  the  King  of 
Italy,  one  by  the  I'residenl  of  the  Swiss  Confederation,  and  one  by 
his  majesty  the  Kinperor  (jf  Brazil.  The  I'elieity  of  the  si'hx'tion  of 
the  persons  to  ajjpoint  this  ari>itration  is  pretty  e.asily  seen. 

I  will  say  notliing  as  to  the  Iving  of  Italy  and  the  President  of 
the  Swiss  Confederation  ;  but  I  cannot  forget  that  the  gallant  Com- 
modore Collins  captured  the  rebel  pirate  Florida  in  the  port  of 
Bahia  where  sho  had  taken  shelter  under  the  protection  of  the  Em- 
peror of  Brazil,  where  she  had  received  the  same  comfort  and  aid 
that  were  given  the  Alabama  in  British  ports ;  and  I  cannot  forget 
that  the  Emperor  of  Brazil,  in  precisely  like  case,  will  hardly  be 
tempted  to  appoint  a  connnissioner  who  will  decide  that  Great 
Britain  was  wrong  in  harboring  the  Alabama  while  his  majesty  the 
Emperor  may  be  called  upon  to  pay  for  the  damages  inflicted  by  the 
Florida  in  like  case  ottending.  I  do  not  forget  that  the  Emperor  of 
Brazil  retpiired  of  us  to  return  the  Florida  to  the  port  of  Bahia  in 
the  same  condition  that  we  found  her,  so  that  she  might  pursue  her 
piratical  course  because  her  capture  was  in  conflict  with  that 
neutrality  which  he  chose  to  afford  to  us.  The  return  of  which 
piratical  crafl  to  prey  afresh  upon  our  connnerce  was  only  prevented 
by  the  accident  of  her  sinking  from  being  run  into  by  an  army 
transport  when  under  my  Jurisdiction  in  the  James  River,  just  before 
she  was  to  start  back.  And  I  cannot  forget,  also,  that  very  cogent 
diflferences  of  opinion  arose  between  the  representatives  of  this 
country  and  his  majesty  the  E  mperor  of  Brazil  in  regard  to  his  war 


-iti>innii'»>i>aiiiri'itiri4iiTifnii»l^^ 


.-v^ftaaBfe\':'g'i:ctgj;''i'"iiv-W(rt^^^ 


uttmm^'.mv  '.^¥'r  '•v-t^ip 


r*-«JT«»W->-Y~V 


1$ 


1 


against  Paragnaj-,  which  led  to  some  not  the  most  friciKlly  rohitions. 
I  cannot  forget  that  Brazil  lias  tlic  bad  eminence  now  of  being  in 
tlie  world  tlie  only  nation  retaining  slavery,  and  the  chosen  home 
and  refngc  of  the  recalcitrant  rebels  who  Hed  for  safety  from,  as 
they  supposed,  the  impending  halter  after  the  surrender  of  Lee. 

Perhaps  these  facts  make  the  Emperor  of  Brazil  a  perfectly 
fit  nmi)ire,  as  he  has  the  ai)p()intinent  of  that  umpire,  of  the  Ala- 
bama claims.  But  I  should  prefer  an  umpire  chosen  by  a  different 
power,  and  would  have  suggested  his  majesty  the  Kmperor  of  Russia, 
who  emancipated  his  slaves  Just  before  we  did  ours,  thereby  setting 
us  a  good  example 

It  is  to  be  observed  that  tliis  "  tribunal  of  arbitration,"  so 
chosen,  may  award  a  sum  in  gross,  whicii  shall  be  a  full  and  llnal 
settlement  of  all  our  Alabama  claims,  and  for  convenience  of  repre- 
sentation of  thoscclaims,  of  producing  the  witnesses  and  testimony, 
and  of  showing  all  our  losses,  that  triltunal  is  to  sit  at  Geneva,  in 
the  mountains  of  Switzerland. 

But  it  must  be  by  no  means  forgotten  that  to' guide  this  arl)i- 
tratlon,  three  rules  are  laid  down  in  article  fith,  as  also  for  the  future 
government  of  n^^utral  nations  in  time  of  war  with  the  express 
reservation  that  her  Majesty's  government  cannot  assent  to  the  rules 
as  a  statement  of  principles  of  international  law,  which  were  in 
force  at  the  time  when  the  claim  mentioned  in  article  first  arose ; 
but  that  in  order  to  make  satisfactory  provision  for  the  future,  in 
order  to  evince  its  desire  to  strengthen  the  relations  between  the 
two  governments,  it  is  agreed  that  they  shall  be  taken  as  rules  by 
the  arbitrators,  jf  not  inconsistent  with  other  principles  of  inter- 
national law. 

First,  then,  that  a  neutral  government  is  bound  to  use  due  dil- 
igence to  prevent  fitting  out  or  equipping  any  vessel  which  it  has 
reasonable  ground  to  believe. is  intended  to  cause  or  carry  on  war 
against  a  power  with  which  it  is  at  peace,  and  also  due  diligence  to 
prevent  the  departure  of  a  vessel  intended  to  carry  on  war  as  above, 
such  vessel  having  been  especially  adapted  in  whole  or  in  part  with- 
in such  jurisdiction  to  warlike  uses.  Secondly,  not  to  permit  or 
suffer  either  of  the  belligerents  to  make  use  of  its  ports  or  waters 
as  a  baae  of  naval  operation  against  the  other,  for  the  purpose  of 


33S 


m 


mi0fi>^wit^  i  \  <  j1iliM^»^<t' 


.  jjjBaat'tvti-twWIfr'V"- VVJiiiitirJ^ 


AWiinAiiilkW 


m 

military  supplies  or  arms,  or  the  recruitment  of  men.  Tliirdly,  to 
exercise  clue  diligence  in  its  own  ports  as  to  all  persons  within  the 
jurisdiction  to  prevent  any  violation  of  the  fore-oing  obligations 
and  duties. 

While  it  might  be  desiraljlc  that  the  rules  should  govern 
the  arbitration,  it  is  dilHcult  to  see  upon  what  theory  tliey  can  be 
deemed  of  advantage  to  this  country  in  the  future.  By  the  non- 
observance  of  tlicm  England  has  driven  om-  commerce  from  the 
aeas.  In  any  coming  war  we  are  to  lose  all  advantage  of  Imilding 
and  selling  .hii)s  to  belligerents.  England  has  fully  enjoyed  her 
opportunity  to  cripple  a  commercial  rival.  We  are  to  give  up  ours 
—  wv  have  no  need  of  them  hereafter,  they  will  hardly  serve  us  in 
the  past. 

As  bearing  upon  the  Alabama  claims,  it  will  be  observed  that 
those  rules  an;  to  bo  applicable  to  (ireat  Britain  in  case  only 
the  Alabama  is  found  by  this  tribunal  of  arbitration  to  be  "  espec- 
ially a(U!i>tcd  in  whole  or  in  i)art  within  Great  Britain  to  warlike 
uses."  Now  the  British  have  always  claimed  to  escape  the  penalty 
of  liability  for  the  Alabama,  on  the  ground  that  when  she  left  Liver- 
pool she  was  not  "  especially  adapted  to  warlike  uses,"  her  arma- 
ment being  taken  on  elsewhere.  Secondly,  that  she  did  not  use  any 
British  port  for  military  supplies,  only  coal  and  provisions,  which 
are  upt  necessarily  military  supplies.  It  will  also  be  remembered 
that  a  British  jury  in  a  like  case  brought  to  trial  under  the  instruc- 
tions of  a  British  judge  exiu'cssly  found  no  breach  of  neutral  obli- 
gations was  done  by  a  British  subject.  And  the  third  article  does 
not  enlarge  the  simplest  provisions  of  the  British  neutrality  act. 

But  suppose  I  am  wrong  in  this  as  api)lied,to  the  Alabama 
claims,  and  that  these  rules  arc  meant  to  be  an  admission  by  Great 
Britain  that  she  is  amenable  for  the  conduct  of  her  agents  at  Liver, 
pool  and  Nassau  in  relation  to  the  Alabama,  and  that  her  fitting  out 
was  a  breach  of  reutralily  within  the  meaning  of  the  third  rule.  Then, 
before  she  will  consent  to  pay  for  what  the  Alabama  did,  she  pro- 
poses to  bind  the  United  States  by  these  rules  forever  to  prevent  all 
fitting  out  and  sale  of  vessels  adapted  to  war  purposes,  and  the 
treaty  expressly  provides  that  these  rules  arc  to  be  binding  npon 
other  nations  as  well  as  binding  upon  Great  Britain.     Therefore 


mii\-ii6  ■■  i>i»Viaiaij<a»W'«MiiJLi>i»iM't»>'>"S'i 


r^te^^ft.^T'^^-fei^^.^ilitilT^^|^^i™ 


Iiirdl}',  to 
nitliin  the 
iligivtions 

d  govern 
3y  can  be 
the  uon- 
froin  tlie 
f  Imilding 
ijoyed  her 
re  up  ours 
ervc  us  in 

erved  that 
case  only 
e  "  espec- 
to  warlike 
lie  penalty 
left  Liver- 
her  arina- 
ot  use  any 
ons,  which 
imcmbered 
he  instruc- 
Mitral  obli- 
iticle  does 
ity  act. 
I  Alabama 
,  by  Great 
8  at  Liver- 
fitting  out 
ule.  Then, 
I,  she  pro- 
prevent  all 
s,  and  the 
ding  upon 
Therefore 


hereafter,  in  any  war,  the  United  States  arc  to  be  responsible  for 
all  damages  inflicted  by  any  vessel  which  shall  escape  from  our 
ports,  and  with  the  enterprise  of  our  people  such  vessels  certainly 
will  escape.  So  that  hereafter  our  hands  are  to  be  tied  when 
British  emergency  may  l)e  our  opportunity. 

To  illustrate  :  whenever  Great  Britain  gets  into  a  war,  and  in 
one  of  our  many  ports  a  vessel  is  fitted  out  which  injures  her  com- 
merce, we  in  all  after  time  are  to  be  held  for  all  damages  she  does, 
consequential  or  otherwise.  By  these  rules  no  duty  is  imposed 
upon  the  British  Government,  as  there  was  a  duty  which  we  under- 
took during  the  rebellion,  to  bring  to  the  notice  of  our  government 
any  such  fitting  out  or  escape.  We  aro  obliged  by  the  treaty  to  attend 
to  all  that  ourselves  solely,  employ  our  own  agents,  and  no  duty  or 
f  *~"  obligation  is  put  upon  the  British  or  other  belligerent  government 

to  give  us  any  information  whatever,  of  how  much  soever  she  may 
be  possessed.  She  would  not  listen  to  the  representations  of  our 
minister,  Mr.  Adams,  tliat  the  Alabama  was  being  fitted  out.  She 
requires  us,  by  the  new  rules,  to  act  without  giving  us  any  infor- 
mation whatever.  • 

If  this  treaty  is  ratified,  and  the  rules  of  international  law  are 
thus  established,  binding  us  more  stringently  than  do  our  own  neu- 
tr*  lity  laws,  which  can  be  repealed  at  pleasure,  then  indeed  is  a 
great  vantage  ground  of  the  United  States  to  regain  our  commerce, 
lost  by  British  depredations  in  any  future  war,  gone  forever,  and  the 
commercial  superiority  of  Great  Britain  on  the  seas  is  indeed  as- 
sured. 

It  seems,  theref'^re,  that  the  question  of  national  honor,  of  in- 
sult to  our  flagi  of  attempt  to  break  up  our  government  as  a  commer- 
cial rival,  is  to  be  submitted  to  five  gentlemen  who  may  decide  that 
•  all  shall  be  paid  for  in  a  gross  sum  of  money.  It  has  already  been 
submitted  to  ten,  called  a  Joint  High  Commission  ;  and  if  the  five 
new  gentlemen  to  be  hereafter  indiflferently  selected  do  not  take  a 
different  view  of  our  case  than  those  of  our  own  appointment,  I  see 
not  much  hope  even  of  pecuniary  gain  as  a  partial  reparation  of  all 
we  have  lost.  Certain  it  is,  that  the  treasury  of  the  United  States 
is  in  no  event  to  gain  anything,  because  this  gross  sum,  so  far  as 
one  can  see,  will  not  be  greater  than  what  will  be  necessary  to  be 


"'^■^ 


Mm* 


! 


divided  among  the  private  claimants  in  satisfaction  of  tiicir  losses. 
I  observe  that  the  private  elainmnts  under  the  Alahaina,  some 
through  the  newspapers,  are  pres-ing  very  urgently  the  ratification 
of  the  treaty.  Let  them  not  bo  too  fast.  If  a  gross  sum  is  ))aid 
into  the  treasury  of  tiic  United  States,  it  may  not  I»e  easily  got  out; 
and  as  an  illustration  I  point  them  to  tlie  Frencii  spoliation  (•hiiuis, 
the  money  for  which  was  dne  son je  time  in  1H;J0  from  the  treasury 
of  the  United  States,  but  of  which,  so  far  as  I  am  informed,  the  pri- 
vate claimants  have,  thus  far  in  the  yeai'  of  our  Lord  1871,  realized 
nothing. 

It  is  fair  to  s.iy,  however,  that  tiie  treaty  provides  that  this 
arbitration  may  only  determine  grounds  of  Knghind's  liability, 
and  a  board  of  assessors  are  then  to  bo  named  who  shall  settle  "the 
amount  to  be  paid  l)y  (ireat  Hritain  to  the  I'nited  States  on  account 
of  the  lial)ility  thus  arising  from  such  failure  as  to  each  vessel  ac- 
cording to  tiie  extent  of  such  liability  to  be  decidi-d  by  the  first 
named  arbitrators."  In  practice,  however,  it  will  amount  to  this  : 
wc  all  know  that  arbitrations  always  split  the  difference  between 
contending  parties.  The  extent  of  liabifity  is  to  be  determined  by 
the  first  board,  and  they  will  compromise  that,  and  of  course  shrink, 
as  nuich  as  possible  for  them  to  do,  from  the  responsibility  of  j^e- 
termining  amounts.  Then  there  is  a  second  board  of  arbitration 
which  will  again  split  the  difference  as  to  amounts  claimed,  as  is  the 
manner  of  arbiters.  So  that  our  claims  are  in  danger,  according  to 
the  well  known  practice  in  such  cases,  of  being  first  halved  by. the 
tribunal  of  arbiters,  and  then  halved  again  by  the  board  of 
assessors. 

This,  of  course,  is  very  convenient  to  the  party  who  has  to  pay, 
Great  Britain,  but  not  to  the  United  fStates,  who  make  the  claim, 
and  are  to  run  the  risk  of  the  double  danger  of  submitting  their 
claims  to  a  cutting  down  process  by  two  boards  of  arbitration. 

Having  thus  provided  laws  for  the  apparent  diminution  of  our 
claims  both  in  extent  of  liability  and  importance  of  amount,  the 
treaty  provides,  as  an  offset  to  any  possible  recovery  that  we  might 
get,  that  "  all  claims  from  citizens  of  the  United  States  against  the 
government  of  Great  Britain  arising  out  of  acts  against  their  per- 
sons and  property  during  the  war,  not  known  as  the  Alabama  claims, 


*  • 


..--ui>.It..B..-.-.^T.^.«;.- 


•trtMU 


n 


::)■ 


,'K?  ^ 


.A 


ami  all  clftims  of  the  subjects  of  hor  Britannic  Mnjcsty  iirisinjj  out  of 
nets  coniinittc(l  iifiiiinHt  tlioir  persons  or  |)roperty  (Inrini^tiio  war  which 
havt^lieen  or  niay  be  presented"  to  a  hoard  of  coinuiis^ioners,  siiall 
be  determined  liy  tiieni  and  paid  in  acconhmce  wit ii  tlicir  adjudication. 
The  provision  as  to  tlie  claims  of  our  citizens  for  liritisii  agf^ressions 
(lurinji  tile  war  can  apply  only  to  tiie  St.  All)ans  raid  or  one  or  two 
like  matters  of  small  import;  liecausp  we  sutf'ereil  no  otiier  than 
our  injuries  at  sea.  I  am  not  awa  of  any  sulistantial  claim  by  the 
citizens  of  tlie  United  States  ajjainst  the  British  government  (lurinji; 
the  war  except  the  St.  Albans  raid.  Tliis  provision  apparently  is 
put  in  as  a  sort  of  sop  to  tiio  State  of  Vermont  to  insure  the  vote  of 
her  two  Senators  for  the  treaty  in  derojjcati(Ui  of  theotlu'rNew  Eng- 
land interests  sacrificed  ity  it. 

But  the  claims  already  submitted,  and  which  will  bo  submitted, 
of  British  subjects  supposed  to  bo  injured  during  the  war  by  tho 
United  St  ites  are  of  vast  amount.  Kvery  bloHvade  ruimer  caught 
and  imprisoned,  every  luan  in  the  South  whose  property  was  taken, 
who  can  by  possibility  claim  ever  to  have  boon  a  British  subject,  or 
who  by  bill  of  sale  or  otherwise  can  get  title  to  property  taken  or 
injured  by  the  United  States  forces  during  the  war,  into  the  hands 
of  a  British  subject,  will  appear  as  a  claimant  before  this  conunission. 
And  these  claims  will  run  up  to  a  very  much  larger  sum  than  any 
possible  claims  that  we  can  have  on  account  of  the  Alabama.  And 
tho  balance  provided  for  by  adjudication  under  the  treaty  to  be 
drawn  from  the  treasury  of  the  United  States  will  be  very  great. 

While  wo  remember  the  immense  emigration  from  England, 
Ireland,  Scotland  and  Wales,  not  to  say  Canada,  we  can  easily 
conceive  how  many  British  subjects  may  have  been  injured  in  per- 
son or  property  during  the  war.  There  has  been,  it  is  estimated, 
something  over  four  million  emigrants  within  the  last  twenty  years 
into  the  United  States  of  subjects  of  Great  Britain.  A  very  small 
sum  for  injuries  done  in  the  war  to  a  very  small  portion  of  them 
would  amount  to  a  very  large  aggregate  indeed.  Under  the  doctrines 
of  local  allegiance  leaving  losses  by  the  war  to  fall  upon  foreigners 
domiciled  here  to  be  borne  as  arc  those  of  our  own  citizens,  we  are 
not  now,  and  shall  not  be,  unless  we  agree  to  the  laws  of  this  treaty, 
responsible  to  foreigners  for  injuries  suffered  in  war  in  any  other 


I 


I  ' 


manner  tluin  to  our  own  citizens.  In  tiio  prcHcnt  condition  of  tilings 
tlio  tree  must  lie  wl.erc  it  ftUlK,  ftuJ  tlie  loss  must  remain  w.tli 
those  wliere  it  luipi.cns,  us  other  losses  durinfj  tlie  war.  But  if  we 
agree  to  tliis  all  the  losses  of  foreign  neutrals  nuist  l)e  puiil. 

If  it  be  said  that  many  of  these  Uritish  subjects  are  naturalized 
citizens,  to  that  it  is  answered  that  the  case  was  very  fre.iuent  dur- 
ing the  war  where  men  claimed  in  the  south  British  protection  aud 
concealed   the    fact  of  their  naturalization,  wliich  would  be  oidy 
known  to  themselves,  aud  there  are  many  in  the  category  of  British 
"claiumnts  who  have  acted  as  American  citizens  for  years  and  who 
claim  now  their  British  protection.     Indeed,  the  adoi)tion  by  the 
government  of  this  class  of  claims,  an.l  the  i)aying  of  tluf  same,  will 
open  the  door  to  take  untold  millions  Irom  the  treasury ;  for  it  ia 
very  dillleult  for  congress  to  say,  if  the  government  pay  British 
subjects  for  tlieir  losses  sulfercd  during  the  war,  why  we  should  not 
pay  all  loyal  men  north  as  well  as  south  for  all  their  losses  during 
the  war.     Are  wc  to  treat  British  subjects  l>ctter  than  our  own  loyal 
citizens?    and  are  wc  not  by  this  treaty  opening  a  door  through 
which  untold  milUous  upon  millious  will  pass  out  of  the  treasury  of 
the  United  States  "f 

There  are  two  classes  of  claims,  however,  provided  for  in  this 
treaty  that  a  loyal  American  citlzju  can  never  consent  to  ;  ami  they 
may  be  put  in  as  many  treaties  as  Commissioners   may  choose  to 
ne-otiate  or  the  Senate  to  ratify  ;    but  I,  as  a  Representative  of  the 
people,  will  never  vote  a  dollar  appropriation  for  them.     And  those 
claims  are  these:  First,  compensation  for  slaves  owned  by  British 
subjects  taken  during  the  war.     I,  myself,  enlisted  such  slaves,  and 
took  them  from  the  possession  of  their  British  owners  to  fight  the 
battles  of  America;    and  *ra  I  now  to  be  called  upon  to  pay  for 
them  ?     Yet  they  were  property  under  the  Constitution  of  the  United 
States,  so  far  as  British  subjects  were  concerned,and  the  proclamation 
of   emancipation  of  President  Lincoln,    which  took  this  class  of 
■     property  from  British  subjects,  was  an  act  of  war  ;  and  under  this 
article  of  the  treaty  I  see  no  answer  before  a  Commission  to  a  claim 
'   for  slaves  when  made  in  due  form  before  them.     I  see  by  the  proto- 
col that  the  Commissioners  there  say  that  a  British  penal  statute  inflicts 
a  penalty  of  fifty  pounds  upon  a  British  subject  for  holding  slaves, 


u 


of  tilings 
mi II  with 
But  if  we 
I. 

iituralizcd 
liiont  (Uir- 
'C'tioii  and 
I  be  only 
of  lliitish 
and  who 
i)n  by  the 
same,  will 
;  for  it  is 
ay  IJi'itish 
iliould  not 
ios  during 
own  loyal 
n-  through 
reasury  of 

for  in  this 
;  anil  they 

choose  to 
tive  of  the 

And  those 

by  British 
slaves,  and 
to  fight  the 
k  to  pay  for 
'  the  United 
•oclarnation 
lis  class  of 

under  this 
a  to  a  claina 
y  the  proto- 
atute  inflicts 
ding  slaves, 


r-  \ 


therefore  no  nrltisii  subject  can  claim  pn.perty  in  slaves  under  thin 
treaty.     That  is  simply  a  inunicii.al  statuto  affofting  a  Uiitish  sub- 
ject while  in  Kngland.     It  cannot  affect  liiiii  hero  any  more  than  any 
other  muiiiciiml  law  of  Knglaii.l  can  allect  his  action  here.     He  can- 
not  be  tric.1  nere  under  that  statute ;  he  can  be  liable  to  no  i.enalty 
here  under  'hat  statute.     He  has  a  right  wiiile  owing  local  allegiance 
to  us  to  own  all  proiierty  that  is  legally  to  be  owned  by  our  laws, 
and  he  is  to  be  protecte.1  Wy  our  laws  in  those  rights.     And  this 
treaty  is  the  supreme  law  of  our  land  when  we  agree  to  it.     There 
is  a  i)enalty  of  fifty  pounds  for  any  llritisii  subject  o    ning  a  pack  of 
cards  which  shall  not  be  stampe.l  in  a  specific  way ;  but  docs  any 
one  presume  that   that  penalty   api.lies  to   a  British  subject  while 
domiciled  here?     And  why  should  not  it  apply  as  well  to  a  penalty 
against  owning  slaves? 

And  again,  if  we  are  to  pay  British   subjects   for   property  m 
slaves,  why  not  pay  our   own   loyal  citi/.ens  for  the  same  class  of 
property?     And  will  not  the  claim  fbr   slaves  l)e  pressed  upon  us 
with  unanswerable  force?     It  appears,  however,  in  the  protocl  that 
the  British  Commissioners  said  tha'  uo  claim  for  slave  property  will 
be  presented  by  the  British  government.     But  suppose  the  adminis- 
tration is  changed,  who  shall  answer  for  what  a  new  British  ministry 
may  or  may  not  do  when  there  is  no  treaty  to  the  contrary?     Why 
not  say  so  in  the  treaty  itself?-   Nobody  is  bound  by  a  protocol  that 
is  the  ofler  of  a  bargain,  not  the  bargain  itself.     Why  not  say,  claims 
for  all  acts  committed  against  British  subjects  except  for  slaves,  and 
thus  save  all  possible  precedent  and  all  possible  dispute  upon  tins 
topic?     Audi  pray  our  Senators,  as  republican   and   anti-slavery 
men,  to  move  that  amendment  in  the  Senate  of  the  United  States, 
and  let  the  country  see  who  will  vote  against  it,  even  in  secret  ses- 

sion. 

Again,  we  have  by  constitutional  amendment,  and  in  everyway 

that  a  government  can,  pledged  the  nation  against  payment  of  any 

part  of  the  Confederate  loan  in  Europe;    audit  maybe  said,  and 

said  truly,  that  this  loan  is  not  included  by  the  term,acts  arising  out  of 

the  war  committed  against  the  persons  or  property  of  British  sub- 

jects.     But  we  must  remember  that  that  Confederate  loan  was  se- 

cured  by    pledge    of    vast    amounts    of     cotton    in    the    South 


22 


owned  liy  the  ('oiift'ilcracy,  as  collatcrnl  security  fDi-tlmt  loiiii,  wliioli 
Itocdiiie  tlierelty  the  propeity  of  HritiMli  NiiliJectM  Iir)l(liiijr  tlie  |ii;iii  for 
wliioli  It  wuh  plotlfied.  'riiin  cotton  was  destroyed  or  captured  to  the 
anioiiiit  of  iniiiiy,  nmny  millions,  ftn<l  certniidy  comes  directly  witliin 
tlie  jirovisions  of  tliis  article  of  tlio  treaty.  And  alflioii<;li  we  may 
not  pay  tlie  Confederate  loan,  yet  liy  llie  treaty  we  areoliiiiroil  to  pay 
for  property  liy  wliicli  tlio  Confederate  loan  was  se<'iired,  and  tlio 
Knjilisli  Confederate  bondholders  will  receive  so  far  the  amount 
loaned  l»y  them  to  carry  on  the  war.  The  Kiiijlish  Confederate  liond- 
liolders  nnderstand  this  very  well,  and  their  jjajiers  are  e\-nltins 
over  the  fact  that  hy  this  treaty  the  Enj^lish  can  hold  ns  to  restore 
nil  the  plod}j[ed  property  her  snhjects  hold  for  the  Confederate  loan. 
If  it  he  said  that  this  property  will  not  come  within  the  descrip- 
tion of  this  article  of  the  treaty,  I  re|)ly  airain  if  does  come  within 
tiie  words  if  not  within  the  very  pnrview  of  the  article,  and  why  not 
Bay  HO,  and  settle  all  question  npon  this  snltject?  And  oujfht  not 
this  amendment  to  lie  made  in  the  Senate  if  this  treaty  or  any  of  Its 
parts  is  to  he  ratilied  ? 

Ajiain,  if  we  are  to  pay  for  these  losses  of  llritish  snlijects 
nrisinjj  out  of  the  war,  why  are  we  not  in  like  manner  liound  to  pay 
the  losses  of  the  French,  the  Germans,  the  Italians,  the  Anstrians, 
the  Spaniards,  the  Brazilians?  Do  they  not  all  stand  on  an  equal 
footinjf  in  the  claims  for  losses  siilfcred  in  the  war?  IIow  can  we 
evade  such  payment  ? 

Oliserve  how  completely  our  joint  commissioners  have  boon  out- 
generaled, because  in  all  the  boards  of  arbitration,  either  the  King 
of  Spain  or  his  representative,  the  Emi)eror  of  Austria  or  his  repro- 
Rcntative,  the  King  of  Italy  or  his  representative,  the  Emperor  of 
Prussia  or  his  representative,  the  King  of  Sweden,  are  to  apjioint 
one  or  more  arbitrators,  yet  their  subjects  have  like  claiuis  ami  like 
demands  with  British  subjects  upon  this  government. 

I  should  feel  more  alarmed  upon  this  topic  than  I  do  did  T  not 
know  that  at  least  there  is  one  safeguard  which  the  United  States 
have  against  the  provisions  of  the  treaty  —  which  need  na  word  of 
characterization  —  and  that  is  that  the  House  of  Ilepresentuti\»s  of 
the  people  will  never  appropriate  money  to  carry  some  of  them  into 
effect.     It  will  be  said  that  when  a  treaty  is  once  passed  by  the 


<J 


•V 


^S' 


I 


exocntivo  lirmich  of  tlio  Kovcrniiu'iif,  iunl  rittillcil  liy  llif  Sciintt'.  the 
HoilNfl  niilNt  piiSM  tli«  ncoi'SHiiry  It'Kisliitioii  fo  i-nrry  it  into  cirK't. 
To  timt  I  answer  tli.it  the  riirliiiiiu'iit  of  (liciif  lliitain  in  tiic  coni- 
iiicrcial  treaty  inath-  witli  lloliaml  many  yearn  a<.'i>  expfessly  reliHeil 
to  i>aHH  the  nei-essary  laws  to  eaiiy  into  elleet  its  provlsionM,  ami  it, 
lemalns  nnexiu'iiti'd  I'vcn  to  tills  day.  And  the  Ilonse  of  Uepiesen- 
tntives,  from  the  time  of  Washin-rton,  have  jjiven  notice,  and  t'.io 
present  llonse  have  renewed  that  notice,  as  well  to  the  Senatt?  as  to 
tlio  woild,  that  {\w  ri^iit*  of  the  Inileil  States  are  not  to  he  bartered 
awuy  l»y  tho  troiity-niakin^  power  without  the  assent  of  tlie  House. 

I  Inivp  tusked  your  patience  ho  inwch  in  the  consideration  of 
these  two  principal  matters  of  the  treaty  that  I  liardly  dare  ask  your 
attention  to  any  other  criticisms  upon  it. 

True,  we  get  the  navijjjation  of  tlie  St.  f.awronpo  and  tho 
Welland  Canal,  by  paying  for  them.  That  we  have  n(t\v.  I  never 
havp  heanl  of  any  Tnited  States  vessel  i)ein<j;  prevented  from  nnvi- 
pating  either  of  these  waters  or  goi.ifj;  through  the  canals  hy  laying 
the  tolls.  There  may  he  such  a  rase  of  grievance,  hut  it  is  not  to 
such  an  extent  as  to- attract  national  attention.  Hut  for  that  we 
give,  free  of  cost  and  license  to  Jlritish  snlijects,  the  navigation  and 
trade  on  the  American  lakes  and  canals,  and  open  to  them  the 
coasting  on  the  great  lakes,  (jroviding  they  can  show  that  they  are 
carrying  goods  that  have  ever  been  land-borne  on  Canailian  soil. 

Besides,  we  are  to  open  all  our  ports  to  the  import  of  British 
goods  in  >)ond  to  be  carried  in  transit  across  onr  country  to  any  part 
of  the  British  |)ossessions.     And   we  are  to  permit  any  goods  from 
the  British  jiossessions  to  be  carried  through  our  country  from  tho  • 
Provinces,  also  in  bond. 

Now,  with  the  example  before  us  that  it  was  found  impossible 
under  our  internal  revomie  laws  by  the  severest  penalties  and  ex- 
actions of  fines  and  imprisonments  to  prevent  frauds  upon  the  rev- 
enue in  the  transportation  of  whiskey  in  bond,  to  such  a  degree  that 
the  privilege  had  to  be  abolished,  we  can  jtidge  what  a  frightful 
source  of  smuggling  and  fraud  upon  the  revenue  is  opened  by  the 
transit  of  British  goods  both  ways,  in  bond,  over  a  vast  extent  of 
country,  with  six  thousand  miles  of  custom  houses,  with  every  pos- 
sible ramification  of  railroads  through  all  portions  of  a  country 
more  or  less  uninhabited.  ' 


■HH.II.KIII 


mmmmni!'' 


u 


U 


But  I  need  not  stop  to  elucidate  this  further.  In  fact  this 
practice  of  carryiiiif  bondotl  goods  through  our  territory  to  be  finally 
disposed  of  in  another  jurisdiction  will  be  found  very  disastrous  to 
our  revenue. 

The  onl)'  other  thing  that  we  receive  is  a  suljmission  to  arbitra- 
tion of  the  question  of  title  to  the  island  of  San  Juan.  With  the 
example  before  us  of  what  has  always  been  done  when  we  have 
submitted  to  arbitration  Britis)j  claims,  especially  in  the  case  of  our 
title  to  q  portion  of  the  State  of  Maine  to  tiie  King  of  the  Nether- 
lands, I  have  not  nnich  hoi)e  from  this  arbitration.  Nor  does  our 
situation  in  this  regard  seem  to  be  improved  b}'  the  fact  that  the 
treaty  provides  that  our  title  to  this  island  is  submitted  to  the  sole 
decision  of  the  Emperor  of  Prussia  whether  present  or  to  come. 
There  was  not  a  lawyer  on  the  Connnission  who  would  not  have 
refused  to  sit  as  judge  in  a  case  where  his  son's  wife  might  be  in- 
terested. Why  then  provide  such  a  judge  for  his  country?  Specially 
when  there  was  a  disinterested  Emperor  of  Russia  who  might  have 
been  selects.  I  save  that  he  has  been  thought  to  be  friendly  to 
America.  We  shall  lose  San  Juan,  I  doubt*  not,  but  it  is  not  of 
verj'  much  consequence.  Because,  with  reasonable  firmness  of 
administration  on  our  part,  San  Juan  and  all  the  rest  of  British 
America  will  come  to  us  before  long.  And  that  is  the  only  saving 
reflection  I  have  to  this  treaty,  and  will  relieve  in  part  my  objections 
to  it  more  or  less,  excepting  always  the  rules  as  to  neutral  nations, 
which  holds  us  and  our  posterity  forever  bound  to  the  superiority  of 
British  commerce. 

It  is  to  be  noticed  that  this  part  of  the  treaty,  as  that  in  re- 
gard to  the  fisheries,  is  quite  as  remarkable  for  what  it  leaves  un- 
provided for  as  for  what  it  provides.  It  is  well  known  to  both 
governments  that  there  ai-e  claims  in  large  amoimts  for  damages, 
and  of  still  larger  consequence  in  the  principle  they  involve,  against 
Great  Britain  for  the  confinement  of  American  citizens  in  British 
prisons  without  right  and  without  any  apparent  justice.  With  the 
example  of  England  before  us  of  going  to  war  with  the  barbarous 
King  of  Abyssinia  because  five  English  subjects  were  held  in  cus- 
tody only,  by  that  savage  prince — which  every  civilized  nation 
justified — how  can  our  government  be  excused  from  not  insisting. 


Jf> 


■iiM»'iM''ijif;'i''ra!?''"Sgaaf'J'< 


.^im  ii.i.iiiiiiii.)iiir»iii  i»  uiji  »mf0mKfi!imfir~ 


In  fact  this 
ry  to  be  finally 
7  disastrous  to 

ion  to  arbitra- 
an.  Witli  tlie 
klien  we  have 
ho  case  of  our 
>f  the  Ncther- 
Nor  does  our 
fact  that  the 
ted  to  the  sole 
t  or  to  come, 
ould  not  have 
'e  might  be  in- 
;ry  ?  Specially 
ho  might  have 
)e  friendly  to 
lit  it  is  not  of 
e  firmness  of 
rest  of  British 
he  only  saving 
,  my  objections 
eutral  nations, 
i  superiority  of 

as  that  in  re- 
it  it  leaves  un- 
known to  both 
3  for  damages, 
ivolve,  against 
zens  in  British 
ice.  With  the 
the  barbarous 
}  held  in  cus- 
i'ilized  nation 
not  insisting. 


U   I 


W 


as  part  of  the  settlement  of  the  questions  between  Great  Britain 
and  this  country,  that  the  claims  of  oiir  citizens,  whetliur  native 
born,or  naturalized,  for  injuries  wrongfully  sutt'ered  by  them  at  the 
hands  of  the  British  government  should  be  now  and  here  adjusted, 
settled  and  paid?  The  leason  for  the  refusal  of  our  Commissioners 
to  have  this  class  of  claims  considered  was  that  the  Britisli  Com- 
missioners put  forward  claims  by  Canada  against  the  United  States 
on  account  of  the  Fenian  raids.  That  seems  to  be  an  excuse,  not  a 
reason  ;  for  if  tliere  is  any  just  cause  of  complaint  against  this  gov- 
ernment for  not  using  due  diligence  and  care  in  preventing  its  citi- 
zens as  soldiers  going  to  Canada,  tiien  we  ouglit  to  pay  the  full 
amount  of  damage  and  loss  occasioned  by  our  neglect  of  duty.  It 
does  not  answer  the  claim  that  our  government  should  make  a 
demand  upon  the  British  government  for  all  just  losses  and  injuries 
of  our  citizens  to  say  that  if  we  do  wc  shall  be  called  upon  to  make 
good  like  injuries  and  wrongs  that  we  have  done  or  suffered  to  be 
done.  If  there  are  any  just  claims  against  us  let  them  be  paid,  so 
that  our  citizens  suffering  in  foreign  prisons  may  get  some  reuumer- 
ation.  • 

Again,  the  great  cause  of  grievance  by  Great  Britain,  which 
must  ever  be  a  source  of  trouble  and  ill-blood,  has  not  been  touched 
in  this  treaty,  and  that  is  the  respect  due  to  our  naturalization  laws, 
and  to  our  citizens  who  were  once  her  subjects,  and  who  have  become 
so  according  to  the  process  known  to  our  constitution.  It  has  been  the 
practice  of  Great  Britain  since  1812,  whenever  convenient,  to  ignore 
and  set  at  naught  all  claims  of  her  former  subjects  to  be  American 
citizens  by  virtue  of  their  certificates  of  naturalization  ;  and  we  as  a 
nation  have  been  the  subject  of  almost  daily  insult  in  having  the 
riglits  of  our  citizens  entirely  disregarded.  What  excuse  have  the 
American  Commissioners  or  tlie  government  to  offer  why  this  prolific 
source  of  ill-blood,  ill-feeling,  and  almost  of  necessitj'  wrong-doing 
by  England  to  the  citizens  of  the  United  States  within  their  borders 
be  done  away  with  by  effective  rules  binding  the  future  conduct  of 
that  power  and  indemnifying  our  citizens  for  tlie  past? 

Calling  your  attention  to  one  other  matter  to  wliich  this  treatj' 
covertly,  but  very  effectually  commits  us,  I  will  relieve  you  from  far- 
ther discussion  of  these  topics.  It  will  be  observed  that  the  United 
States  are  making  a  treaty  with  Great  Britain — two  independent 


rp 


26 


powers ;  and  yet  Great  Britain  requires  us  in  every  part  of  the 
treaty,  step  by  step,  to  acknowledge  the  Dominion  of  Canada  as  a 
quasi  independent  power.  This  treaty  is  to  be  in  force  between  the 
two  governments  if  a  portion  of  the  people  of  one  government  will 
agree  to  it.  We  siiall  have  this  or  that,  done  or  not  done,  as  we 
can  get  the  (ionsi-nt  of  Canada.  "Well,  what  is  Canada,  but  a 
British  province?  Why  shall  we  be  put  in  the  dishonoring  position 
of  being  a  suitor  to  the  Dominion  of  Canada,  for  what  we  shall  do 
or  what  we  shall  not  do — what  we  shall  receive  and  what  we  shall 
not  receive?  True,  a  sop  is  thrown  us  by  a  provision  that  the 
United  States  shall  ask  tho  States  to  open  their  canals  as  fast  as 
they  are  built  to  British  commerce. 

Again,  I  confess  my  ignorance.  I  never  have  heard  any  objec- 
tion made  by  any  corporation  having  any  canal,  to  any  boat,  British 
or  other,  going  through  tt,  who  would  pay  tolls.  Canal  boats  do  not 
generally  carry  the  flag  of  their  countr}',  so  that  it  would  not  be  an 
offensive  object  flaunting  the  British  ensign  in  our  faces.  And  I 
bave  yet  to  hear  of  any  occasion  for  any  such  stipulation.  And, 
so  far  as  I  am  advised,  it  is  a  new  species  of  diplomacy — a  recog- 
nition of  State  rights,  not  even  laid  down  in  the  resolutions  of 
'98 — that  the  treaty-making  power  of  the  United  States  with  foreign 
nations  is  to  be  subject  to  ratification  by  the  States,  legislatively  or 
otherwise.  I  had  supposed,  up  to  this  present  moment,  that  I  had 
known  of  every  possible  assertion  of  State  rights ;  but,  in  defiance 
of  what  Solomon  says,  that  there  is  nothing  new  under  the  sun, 
here  ip  a  new  assertion  of  State  rights — an  implication  thaj  the  leg- 
islatures of  the  States  may  overrule  the  treaty-making  power  of  the 
United  States. 

Trusting  that  the  Senate  will  exercise  its  sound  Judgment  upon 
this  treaty,  cause  the  AiUest  discussion,  take  time,  and  wait  to  hear 
tlie  response  of  the  country  after  the  treaty  has  been  read  and  com- 
mented upon,  not  by  hired  newspapers  in  the  interests  of  parties 
seeking  payment  of  money  under  the  treaty,  but  by  an  independent 
press  and  the  intelligence  of  the  country,  and  trusting  it  will  not  be 
made  a  party  measure  on  the  one  side,  or  the  other,  as  it  is  not,  but 
that  it  shall  be  viewed  in  a  spirit  of  intelligent  patriotism,  pnxious 
only  for  the  safety,  honor,  welfare  and  best  interests  of  the  country, 
believe  me,  Yours  very  truly, 

BENJ,  F.  BUTLER. 


j¥'. 


iJ* 


part  of  the 
!!anada  as  a 
jetweqn  the 
"•nment  will 
(lone,  as  we 
lada,  but  a 
ing  position 
we  shall  do 
hat  we  shall 
)n  that  the 
1  as  fast  as 


i  any  objec- 
3oat,  British 
boats  do  not 
Id  not  be  an 
COS.  And  I 
tion.  And, 
3y — a  recog- 
solutions  of 
with  foreign 
;islatively  or 
t,  that  I  had 
;,  in  defiance 
ider  the  sun, 
that  the  leg- 
power  of  the 


V 


[gment  upon 
wait  to  hear 
■ad  and  com- 
;s  f)f  parties 
independent 
t  will  not  be 
it  is  not,  but 
isra,  pnxious 
the  country, 


BUTLER. 


